กระบวนการยุติธรรมเชิงสมานฉันท์กับการระงับข้อพิพาทคดีอาญา ในชั้นพนักงานสอบสวน

บทคัดย่อ

Dispute Resolution in the stage of inquiry official is the principle that an injured person and an alleged offender should have an opportunity to compromise. When the alleged offender remorseful and willing for behavior modification and while the injured person were bound to receive damages as soon as possible with respect to the legal property or legal integrity (Rechtsgut), which will be beneficial to both parties and the society because it can reduce time and complexity in the process of legal justice, cases in courts, conflicts in the community, official corruption and the government budget. It also affects people at all levels with their participation in the administration of justice and prevent conflicts in the community to build a peaceful society as of "Criminology Style Peace" (Peacemaking Criminology). This process sustains stakeholders’ interest in the offence to be involved as much as possible to jointly identify and manage damage of each party’s demand in order to be able to restore healing (Restoration) damage back as much as possible. Researchers study the general principles on restorative justice practices and guidelines that currently exist in both foreign countries and Thailand by analysis of restorative justice and dispute resolution in criminal inquiry official stage under the Penal Code Act and Traffic Act B.E.2522 which private persons and co-victim of private & state in such small cases should not be brought up to the courts. Restorative process should be used to alternatives dispute resolution in criminal inquiry official stage. Researchers also study from educational books, thesis, researches, documents from various seminars, journals and the Internet in connection with aforesaid restorative justice. From the study, it found out from the results of research obtaining from documents, seminars and hearing from such opinions of those associated with the criminal justice process that the use of dispute resolution and restorative justice in criminal inquiry stage are in conclusions as follows; 1. it should have new law to support as an exception or a deviation in certain types of criminal cases not appropriate to be brought into mainstream criminal justice process. 2. some types of criminal offense that should be used dispute resolution and restorative justice in criminal inquiry stage are as follow: 1) criminal compoundable cases; 2) misdemeanor cases; 3) criminal negligence cases, including the negligence in traffic cases; 4) criminal uncompromised cases not exceeding 5 years imprisonment. 3. when the process of restorative justice and dispute resolution in criminal inquiry official stage is conducted, it should not take the process of mainstream justice and it should be in the event of criminal process extinguished. 4. models and organizations use of restorative justice and dispute resolution in criminal inquiry stage are considerably summarized into 2 issues. 1) mediation models of Victims – Offenders Mediation (VOM), 2) any organization as the Board of Mediation and mediators. 5. the use of restorative justice and dispute resolution of criminal Inquiry stage should not allow a police official to attend in restorative justice (mediation). 6. to monitor and audit restorative justice and dispute resolution in criminal inquiry stage, it shall set conditions for the alleged offender in order to be complied with their practices. Prosecution of criminal cases shall be settled when the offenders have fully complied with conditions in the agreement. Using restorative justice in criminal cases will allow Thai justice system potentially with very much improvement. This is a Win-Win solution for all parties involved in dispute resolution and restorative justice in the investigation. Win No.1: It is beneficiary to the sufferers or victims of crimes to obtain remedy, including its common sense of forgiveness to the offenders. Win No.2: It is beneficiary to the offenders who acknowledge their guilty with some payment reparation to victims and victims forgive offenders. Win No.3: It can reduce cases in courts, conflicts in the community, official corruption and government budget. Win No.4: It is expressing to people at all levels to participate in the administration of justice and prevent conflicts in the community to build a peaceful society. Win No.5: It supports the use of dispute resolution power in restorative justice in criminal cases of police official and public prosecutor.

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